Can an employee give notice of resignation when on maternity leave?

Posted in : First Tuesday Q&A ROI on 8 April 2015
Zelda Cunningham
Arthur Cox
Issues covered:

The Maternity Protection Acts 1994 and 2004 (the “Maternity Acts”) provide the legislative framework for the provision of maternity leave in Ireland.

The Maternity Acts provide that the termination of an employee’s contract of employment by her employer while she is absent from work on maternity leave, additional maternity leave, pregnancy related health and safety leave, during a period of ante or post-natal care or during the period she is still breastfeeding, is void. Any notice of termination served by the employer during any of these periods is also void.

The Maternity Acts, on literal reading, also prohibit an employee resigning and the employer accepting notice of resignation during

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Back to Q&A's This article is correct at 02/09/2015

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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